HARENDERA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 15.7.1987 passed by learned 3rd Additional Sessions Judge, Meerut in Sessions Trial No. 240 of 1985 (State vs. Harendra & Ors), under Sections 302, 307/34 of IPC, P.S. Mawana, District Meerut, whereby, accused appellant Harendra has been convicted under Sections 302 and 307/34 of IPC and the accused appellants Manvendra and Devendra have been convicted under Sections 302/34 and 307/34 of IPC. Accused-appellant Harendra has been sentenced to undergo imprisonment for life under Section 302 of IPC and rigorous imprisonment for five years under Section 307/34 of IPC along with fine of Rs. 500/-. Similarly, accused appellants Manvendra and Devendra have been sentenced to undergo life imprisonment under Section 302/34 and rigorous imprisonment for five years, under Section 307/34 of IPC with fine of Rs. 500/-. In default of payment of fine, accused-appellants have to undergo additional imprisonment for six months.

(2.) All the three accused-appellants are brothers and deceased Karan Pal is their cousin. It is alleged that on 09.04.1985, some hot talk took place between complainant's uncle Chandra Bhan and the accused-appellants, namely, Harendra, Manvendra and Devendra. However, after intervention of PW-5 Vedpal (father of complainant), the matter came to an end. Thereafter, on 13.04.1985 at about 9:00 a.m. when complainant Ravindra Pal and his brother Jitendra, after loading sugarcane in their trolley, started taking away trolley, all the three accused-appellants Harendra, Manvendra and Devendra started abusing PW-5 Vedpal / father of complainant. Accused-appellant Devendra was having country made pistol, while Harendra and Manvendra were having club and stick. They started assaulting PW-5 Vedpal and due to injuries, PW-5 Vedpal fell down in the field of Karan Pal. Complainant/ PW 3 Ravindra Pal and his brother Jitendra ran to the spot and challenged the accused persons, but accused Manvendra and Devendra started assaulting PW-3 Ravendra Pal with lathi and stick. Karan Pal (deceased), who was working in nearby field, came and tried to intervene, but accused appellant Harendra fired a bullet at Karan Pal from behind, causing fire-arm injuries to him and thereafter, all the three accused persons ran away from the spot. Injured PW-5 Vedpal, complainant PW-3 Ravindra Pal and deceased Karan Pal were taken to Mawana Hospital, but in the way, Karan Pal succumbed to fire-arm injuries.

(3.) Complainant / PW-3 Ravindra Pal reported the matter to police by submitting written complainant Ex. Ka-7 and on that basis, case was registered on 13.04.1985 at 11:45 AM against all the three accused persons, namely, Harendra, Manvendra and Devendra, under Sections 302 and 307 of IPC vide FIR Ex. Ka-8.